Summary: Miss B complained that the Council failed to provide suitable accommodation when she was homeless. We find that the Council failed to provide suitable interim accommodation for Miss B, and then failed to properly assess whether the temporary accommodation it subsequently provided was suitable. It also failed to properly respond to Miss B’s emails. The Council’s failings caused Miss B significant distress. The Council has agreed to apologise and make a payment to Miss B. It has also agreed to make service improvements.

The complaint

1. Miss B complains that the Council failed to carry out a proper assessment when she became homeless which resulted in her being placed in interim accommodation which was not suitable for her mobility needs. She says the Council delayed moving her to alternative temporary accommodation, the accommodation it moved her to was not suitable, and the Council failed to take action when she said she was at risk of domestic abuse if she remained there. She says that as a result, she had to sofa surf with her newborn baby for several months.
2. Miss B also complains that the Council failed to respond to her emails and did not deal with her complaints properly. Miss B says the Council’s failings caused her significant distress and affected her mental health.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered evidence provided by Miss B and the Council, as well as relevant law, policy and guidance.
6. Miss B and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law, guidance and council policy

Relief duty

7. The relief duty applies when the council is satisfied that an applicant is homeless (rather than just threatened with homelessness) and eligible for assistance. The council has a duty to take reasonable steps to help the applicant secure accommodation that will be available for at least six months. (Housing Act 1996, section 189B and Homelessness Code of Guidance paragraph 13.2)
8. The relief duty ends when 56 days has passed and the council is satisfied that the applicant has a priority need and is homeless unintentionally. (Housing Act 1996, section 189B(4))

Main housing duty

9. If homelessness is not successfully relieved, the council will owe the main housing duty to applicants who are eligible, have a priority need for accommodation and are not homeless intentionally. Under the main housing duty, councils must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. (Housing Act 1996, section 193(2))

Interim and temporary accommodation

10. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
11. The accommodation a council provides under the main housing duty is called temporary accommodation. (Housing Act 1996, section 193)
12. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.

Suitable accommodation

13. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance paragraph 17.2)
14. Applicants can ask a council to review its decision that the accommodation offered is suitable. A request for a review must be made within 21 days, or longer if allowed by the Council. (Housing Act 1996, sections 202, Homelessness Code of Guidance, paragraph 19.3)
15. Housing authorities have a continuing obligation to keep the suitability of accommodation under review, and to respond to any relevant change in circumstances which may affect suitability, until such time as the accommodation duty is brought to an end. (Homelessness Code of Guidance, paragraph 17.8)

Bed and breakfast accommodation

16. Wherever possible, Councils should avoid using bed and breakfast (B & B) accommodation. (Homelessness Code of Guidance paragraph 17.33)
17. B & B accommodation can only be used for households which include a pregnant woman or dependent child when no other accommodation is available and then for no more than six weeks. B & B is accommodation which is not self-contained, not owned by the council or a registered provider of social housing and where the toilet, washing, or cooking facilities are shared with other households. (Homelessness (Suitability of Accommodation) (England) Order 2003 and Homelessness Code of Guidance paragraph 17.35)

Domestic abuse

18. Councils should assess whether the homelessness applicant is a victim of domestic abuse or if they are at risk of domestic abuse. Section 177 of the Housing Act 1996 makes clear that it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence or domestic abuse. (Homelessness Code of Guidance, paragraph 21.20)
19. Councils should seek to obtain an account of the applicant’s experience to assess whether the behaviour they have experienced is abusive or whether they would be at risk of domestic abuse if they continued to occupy their accommodation. The council should support the victim to outline their experience and make an assessment based on the details of the case. Councils should refer to the Domestic abuse statutory guidance framework DASH risk assessment to ensure they support the applicant appropriately. (Homelessness Code of Guidance, paragraph 21.21)

Housing allocation scheme

20. The Council operates a choice-based lettings scheme. If a housing applicant is accepted on to the housing register, they can bid on properties advertised by the Council.
21. The allocation scheme sets out the rules for qualifying to join the housing register, how applicants are prioritised and how the Council manages the allocation of available properties.
22. The scheme places applicants in a priority band from Band A (highest priority) to Band C (lowest priority).

Background and key events

23. Miss B asked the Council for help with housing on 30 October 2023 because she was homeless. She said that the police had advised her to leave her previous accommodation and she had been sofa surfing for ten days. She explained that she used crutches due to mobility difficulties, and she was pregnant and due to give birth in July 2024.
24. On 2 November, Miss B also told her homelessness caseworker that she had difficulty using stairs. The caseworker asked her to provide evidence of her medical condition and how it affected her mobility.
25. The next day, the Council placed Miss B in bed and breakfast (B & B) accommodation. The room was on the third floor and there was no lift.
26. The Council wrote to Miss B on 8 November to confirm that it had accepted the relief duty.
27. Miss B provided medical evidence regarding her mobility needs on 26 December. The Council received advice from its Independent Medical Advisor on 24 January 2024, who said that Miss B needed ground floor accommodation, or accommodation with a lift. The caseworker then asked the Council’s temporary accommodation team to transfer Miss B to alternative accommodation.
28. The Council accepted the main housing duty to Miss B on 26 January 2024.
29. On 21 February, Miss B complained to the Council that she had not received any information about how to bid for properties. She said she had emailed several times but had not received any replies.
30. In the Council’s response, it explained that as she was owed the main housing duty, she would be in Band B. It said that the banding letters were sent out automatically and periodically, and she should get a letter within the next few weeks with her login details.
31. On 11 March, the Council offered Miss B a studio flat as alternative temporary accommodation. The Council told Miss B that she could request a review of the suitability of the accommodation within 21 days.
32. In April, Miss B wrote to the Council about the accommodation saying it was not suitable for her or for a newborn baby. She said that sometimes she had to use a wheelchair, and the accommodation was too small to accommodate it. She explained that she was receiving support from an Independent Domestic Violence Advocate (IDVA) who did not consider the accommodation was safe for Miss B due to its location, and her midwife had raised concerns about ventilation in the property.
33. In the Council’s response dated 2 May, it said studio flats were generally suitable for an adult with one child under 12 months. It advised Miss B to speak to her housing officer if she considered her accommodation was unsuitable on medical grounds.
34. Miss B’s IDVA, midwife and social worker all raised concerns with Miss B’s housing officer about her safety. They said that Miss B had experienced domestic abuse from her ex-partner and he knew that she was living in that area.
35. On 23 May, Miss B’s housing officer reported to a multi-agency professionals meeting that an emergency inspection of the accommodation was planned and that the safety concerns would be addressed.
36. Miss B gave birth on 11 June. The hospital contacted the Council asking for emergency accommodation to be arranged so that she could be discharged to a suitable safe environment. In the Council’s response, it said that it did not accept that the studio flat was unsuitable but that a full inspection would be carried out.
37. Miss B was discharged from hospital and she returned to the studio flat on 18 June.
38. Miss B’s midwife continued to raise concerns about the location and size of the accommodation, stating that Miss B was co-sleeping with her baby because she did not have space for a cot, which would increase the risk of sudden infant death syndrome. Miss B also said that water was leaking from a window on to the bed she shared with her baby.
39. The housing officer told Miss B that he had requested an inspection of the property to confirm its size and assess any repair issues, and he had chased up the inspection request.
40. In November, Miss B was offered permanent accommodation after successfully bidding on a property.

Analysis

Housing priority

41. Miss B believes she was already on the housing register before she asked the Council for help in October 2023. She complains that the Council failed to increase her housing priority when she submitted evidence of her medical conditions. I have not seen any evidence to show that Miss B was already on the housing register at that time, or that she submitted any medical evidence before 26 December 2023. The Council says that when it accepted the main housing duty in January 2024, Miss B was entitled to Band B priority. The medical evidence she provided in December would not have resulted in Band A priority because it is reserved for those with life threatening/terminal conditions or those that have a critical welfare need.

Banding letters

42. The Council says that Housing Register decision letters are sent out in regular batches. Miss B was entitled to Band C priority when the Council accepted a duty to help relieve her homelessness in November 2023, and Band B priority when it accepted the main housing duty in January 2024. However, Miss B was unable to bid until she received the decision letter on 6 March 2024. I consider Miss B should have been able to start bidding within eight weeks of the date she was entitled to join the register, in November 2023. While the delay sending the letter will not have caused Miss B to miss out on any properties, it will have caused Miss B unnecessary frustration.

Bed and breakfast accommodation

43. When Miss B initially approached the Council, she said that she used crutches and that she struggled to use stairs. However, when Miss B’s personalised housing plan was completed a few days later, it wrongly stated that she did not have any physical health problems. The failure to record Miss B’s medical and mobility issues on the plan resulted in her being placed in unsuitable accommodation. This was fault.
44. Once Miss B provided medical evidence of her mobility issues on 26 December, the Council should have promptly moved her to ground floor accommodation, or accommodation with a lift. It did not do so until 11 March, 11 weeks later. This delay was fault.
45. In any event, B & B accommodation can only be used for pregnant woman for a maximum of six weeks. Miss B was in B & B accommodation for over 18 weeks, over 12 weeks more than the legal limit. This was fault.
46. The Council also failed to tell Miss B that she had the right to request a review of the suitability of the B & B accommodation when it accepted the main housing duty in January 2024, or when she raised concerns about the accommodation. This was fault. The Council says that it has since changed its processes to ensure applicants are informed of their review rights automatically.

Studio flat

47. When Miss B was offered alternative temporary accommodation on 11 March 2024, she was told that she could request a review within 21 days. Miss B did not request a review within this period.
48. However, councils have a continuing duty to keep the suitability of accommodation under review. Given the new concerns raised by Miss B, her IDVA, midwife and social worker, I consider the Council should have carried out a proper assessment to determine if the accommodation remained suitable. The Council failed to properly assess whether it was safe for Miss B to continue to live there and it failed to carry out an inspection of the property. If there had been no fault by the Council here, I consider it likely that she would have been moved to alternative accommodation, where she would not have been in fear for her safety.
49. Miss B says that she moved out of the flat before her baby was born in June 2024, and she sofa surfed until she was offered alternative accommodation in November. However, the evidence I have seen shows that Miss B was living in the studio flat after her baby was born. I have not seen any evidence to show that she was sofa surfing at that time. On the balance of probabilities, I consider it likely that Miss B continued to live in the studio flat until she was offered alternative accommodation in November.

Communication

50. The Council failed to respond to several emails from Miss B about the suitability of both the B & B and the studio flat. This was fault and added to her frustration.
51. In the Council’s final response to Miss B’s complaint, it wrongly referred her to the Housing Ombudsman, who does not deal with the type of complaints Miss B raised. The Council should have referred Miss B to the Local Government and Social Care Ombudsman.

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Action

52. The Council has agreed to take the following actions within four weeks of my final decision:
• Apologise to Miss B for the failings identified in this case. The apology should be made in accordance with our guidance on remedies.
• Make a payment of £1800 to Miss B for placing her in unsuitable B & B accommodation where she remained for over 12 weeks more than the legal limit. This figure is based on our remedies guidance which says that where a complainant has stayed in B & B accommodation for more than the six-week legal limit, we are likely to recommend a weekly payment in the range of £100 to £200.
• Make a payment of £900 to Miss B for the six months she remained living in the studio flat after concerns were raised about it being unsafe for her to live there. This figure is based on our remedies guidance which says that where a complainant has been deprived of suitable accommodation, our recommendation for financial redress is likely to be in the range of £150 to £350 a month.
• Make a payment of £300 to Miss B. This is a symbolic payment to acknowledge the distress Miss B experienced due to the failings in this case.
53. The Council has agreed to take the following actions within eight weeks of my final decision:
• Provide evidence to show that it has changed its procedures and it now automatically informs homelessness applicants of their right to request a review of the suitability of the accommodation when it accepts the main housing duty.
• Remind relevant officers that the medical and mobility sections of the personalised housing plan must be completed, and this information must be considered when determining the type of interim accommodation which will be suitable for the applicant.
• Review the existing action plan for reducing the length of time families with children and pregnant household members are staying in B & B accommodation, and for promptly moving homelessness applicants to suitable accommodation.
• Remind relevant officers of the Council’s continuing duty to keep the suitability of accommodation under review. Where there has been a change in circumstances, officers must properly consider whether the accommodation remains suitable.
• Remind relevant officers that where a homelessness applicant says they are at risk of domestic abuse in their accommodation, the Council must carry out a risk assessment to ensure they support the applicant appropriately.
• Ensure housing application decision letters are created and sent on a more regular basis, to ensure applicants receive login details within eight weeks of their application.
• Investigate why an inspection of the studio flat did not take place, and take action to ensure inspection requests are appropriately actioned in future.
• Remind officers of the importance of timely responses to incoming emails.
• Remind relevant officers of the types of complaints which should be referred to the Housing Ombudsman.
54. The Council should provide us with evidence it has complied with the above actions.

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Decision

55. I have completed my investigation and uphold Miss B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman